Cannabis plant named &#39;esb-1&#39;

ABSTRACT

The unique annual herbaceous Cannabis plant variety ‘ESB-1’ is provided. The variety can be distinguished by its outstanding features of a THCV cannabinoid content ratio of about 1 part THC to 1 part THCV and purple leaf stem, when grown under certain growing conditions.

CROSS REFERENCE TO RELATED APPLICATIONS

The present Application for Patent claims priority to ProvisionalApplication No. 63/228,422 entitled “CANNABIS PLANT NAMED ‘ESB-1’” filedAug. 2, 2021, which is hereby expressly incorporated by referenceherein.

Latin Name of the Genus and Species

Genus—Cannabis.

Species—sativa.

Variety Denomination

The new Cannabis plant claimed is of the variety denominated ‘ESB-1’.

BACKGROUND OF THE INVENTION Field of the Invention

The present invention relates to a new and distinct annual variety of C.sativa, which has been given the variety denomination of ‘ESB-1’.‘ESB-1’ is intended for use as a medicinal herb for sale in Cannabisdispensaries.

Background of the Related Art

The genus Cannabis has been in use by humans for millennia, due to themultiplicity of its benefits to humans, including the considerable valueand utility of its fiber, the nutritional value of its seeds, and themedicinal value of its floral parts and products made from them.Currently the genus is under intense legal commercialization in theUnited States as industrial hemp for a variety of purposes includingbiodegradable plastics and building materials, clothing, paper, food,fuel, and medicines.

Cannabidiol (CBD) extracted from Cannabis is widely used inover-the-counter medicines and topical treatments and is also the activeingredient in the FDA-approved drug Epidiolex®. CBD is just one of atleast dozens—perhaps hundreds—of cannabinoids endogenous to Cannabis,tetrahydrocannabinol (THC) being the other cannabinoid that is mostwell-known. The cannabinoids as a group interact with the humanendocannabinoid receptors, which are distributed in the brain andthroughout the body. The study of the endocannabinoid system (ECS) inhumans and other mammals is an area of increasing interest and holdstremendous promise for the future of medicine. See, e.g., Russo (2019).Cannabis and Pain, Pain Medicine, 20(10): 1; 20(11):2083-2085; and Russo(2016). Clinical Endocannabinoid Deficiency Reconsidered: CurrentResearch Supports the Theory in Migraine, Fibromyalgia, Irritable Bowel,and Other Treatment-Resistant Syndromes, Cannabis Cannabinoid Res. 1(1):154-165.

Non-hemp forms of Cannabis, frequently referred to as marijuana, havebeen legalized for medicinal use in many states and for recreational use(sometimes called “adult use”) in a growing number of states. It isexpected that the wave of legalization will continue to the point ofsome form of federal legalization or decriminalization.

Typically, marijuana products are available to users for purchase inspecialized “dispensaries” that offer dried flower, edibles, tinctures,extracts, and the like. In some cases, a unique or unusual chemicalprofile, or chemotype, is attractive not only for flower sales but alsofor use in the preparation of extracts and/or isolates and for themanufacture of a variety of products that possess characteristics of thechemotype.

SUMMARY OF THE INVENTION

The present invention relates to a new and distinct annual variety of C.sativa, which has been given the variety denomination of ‘ESB-1.

The new C. sativa variety is a selection resulting from a sexual crossof C. sativa plants at 27190 Ridge Road Willits, Calif., involving aseed parent known as ‘P6-69’ (not patented) and a pollen parent known as‘P6-B1’ (not patented). The new variety reproduces true to type with allof the characteristics, as herein described, firmly fixed and retainedthrough successive generations of such asexual propagation.

The selection was subsequently evaluated for 2 years at 27190 RidgeRoad, Willits, Calif.

Asexual reproduction of the new variety by cutting propagation since2020 at 27190 Ridge Road, Willits, Calif. has demonstrated that the newvariety reproduces true to type with all of the morphologicalcharacteristics, as herein described, firmly fixed and retained throughsuccessive generations of such asexual propagation. Chemotypiccharacteristics of each new variety are variable based upon cultivationconditions, as is typical of Cannabis plants. Accordingly, whilechemotypic information provided herein is representative of performanceof the new varieties under a particular set of cultivation conditions,it is not limiting on other chemotypic profiles obtainable under adifferent set of cultivation conditions. A stable seed line of each ofthe new varieties has also been developed by successive generations ofinterbreeding and selection to correspond to the phenotypiccharacteristics described herein.

The following characteristics of the new variety have been repeatedlyobserved and can be used to distinguish ‘ESB-1’ as a new and distinctvariety of C. sativa plant:

-   -   THCV cannabinoid content ratio of about 1 part THC to 1 part        THCV (this can range, for example, from about 0.722-2.005); and    -   Purple leaf stem, when grown under certain growing conditions.

A primary difference between ESB-1′ and ‘ESB-2’ (U.S. ProvisionalApplication No. 63/228,427) is their ratios of THC to THCV, with ‘ESB-1’having a ratio of about 1THC: 1THCV and ‘ESB-2’ having a ratio of about2THC:1THCV.

BRIEF DESCRIPTION OF THE DRAWINGS

The accompanying photographic illustrations show the typical appearanceof the new variety ‘ESB-1’. The colors are as nearly true as isreasonably possible in a color representation of this type. Colors inthe photographs may differ slightly from the color values cited in thedetailed botanical description which accurately describes the colors ofthe new plant. The patent or application file contains at least onedrawing executed in color. Copies of this patent or patent applicationpublication with color drawings will be provided by the Office uponrequest and payment of the necessary fee.

FIG. 1 is a photograph representative of the new variety ‘ESB-1’,demonstrating its purple leaf stem.

FIG. 2 is a photograph representative of the new variety ‘ESB-1’,demonstrating its inflorescence and 1 week into flower.

FIG. 3 is a photograph representative of the new variety ‘ESB-1’,demonstrating its inflorescence and 1 week into flower.

FIG. 4 is a photograph representative of the new variety ‘ESB-1’,demonstrating its inflorescence at 1 week before harvest and 7 weeksinto flower.

FIG. 5 is a photograph representative of the new variety ‘ESB-1’ at 23days into flower in an indoor setting showing variation in pistil andstem color under different growing conditions. This demonstrates thateven though the genetics are the same, manifestation of certain traitscan be variable based on growing conditions.

DETAILED DESCRIPTION

Some embodiments of the invention relate to a seed from a Cannabis plantdesignated ‘ESB-1’ wherein a representative sample of seed of said planthas been deposited under

Some embodiments of the invention relate to a Cannabis plant, or plantpart, tissue, or cell thereof produced by growing the seed of ‘ESB-1’,or a descendant thereof. Plant parts can include the embryo, shoot,root, stem, seed, stipule, leaf, petal, flower bud, flower, ovule,bract, trichome, branch, petiole, internode, bark, pubescence, tiller,rhizome, frond, blade, ovule, pollen, stamen, and the like.

The plants, or plant parts of the invention can display a cannabinoidprofile within the ranges set forth in Table 1 and a terpene profilewithin the ranges set forth in Table 2. The productivity of any givencannabinoid and/or the amounts or ratios of cannabinoids, terpenes, andother plant products can be, by nature, quite variable. The variabilitycan be contributed to by weather, latitude, soil and feeding conditions,pathogens, and numerous other agronomic, horticultural, and biologicalfactors.

Some embodiments of the invention relate to methods of using the plantin a breeding program to produce Cannabis progeny including acannabinoid profile generally within the ranges as set forth in Table 1and terpene profile generally within the ranges as set forth in Table 2.Details of existing Cannabis plant varieties and breeding are describedin Potter et al. (2011, World Wide Weed: Global Trends in CannabisCultivation and Its Control); Holland (2010, The Pot Book: A CompleteGuide to Cannabis, Inner Traditions/Bear & Co, ISBN1594778981, 9781594778988); Green I (2009, The Cannabis Grow Bible: The Definitive Guide toGrowing Marijuana for Recreational and Medical Use, Green Candy Press,2009, ISBN 1931160589, 9781931160582); Green II (2005, The CannabisBreeder's Bible: The Definitive Guide to Marijuana Genetics, CannabisBotany and Creating Strains for the Seed Market, Green Candy Press,1931160279, 9781931160278); Starks (1990, Marijuana Chemistry Genetics,Processing & Potency, ISBN 0914171399, 9780914171393); Clarke (1981,Marijuana Botany, an Advanced Study: The Propagation and Breeding ofDistinctive Cannabis, Ronin Publishing, ISBN 091417178X, 9780914171782);Short (2004, Cultivating Exceptional Cannabis: An Expert Breeder SharesHis Secrets, ISBN 1936807122, 9781936807123); Cervantes (2004, MarijuanaHorticulture: The Indoor/Outdoor Medical Grower's Bible, Van PattenPublishing, ISBN 187882323X, 9781878823236); Franck et al. (1990,Marijuana Grower's Guide, Red Eye Press, ISBN 0929349016,9780929349015); Grotenhermen and Russo (2002, Cannabis and Cannabinoids:Pharmacology, Toxicology, and Therapeutic Potential, Psychology Press,ISBN 0789015080, 9780789015082); Rosenthal (2007, The Big Book of Buds:More Marijuana Varieties from the World's Great Seed Breeders, ISBN1936807068, 9781936807062); Clarke, RC (Cannabis: Evolution andEthnobotany 2013); King, J (Cannabible Vols 1-3, 2001-2006); and fourvolumes of Rosenthal's Big Book of Buds series (2001, 2004, 2007, and2011), each of which is herein incorporated by reference in its entiretyfor all purposes.

The present invention also relates to variants, mutants, and minormodifications of the seeds, plant parts, and/or whole plants of theCannabis plants of the present invention. Variants, mutants and minormodifications of the seeds, plants, plant parts, and plant cells of thepresent invention can be generated by methods well known and availableto one skilled in the art, including but not limited to, mutagenesis(e.g., chemical mutagenesis, radiation mutagenesis, transposonmutagenesis, insertional mutagenesis, signature tagged mutagenesis,site-directed mutagenesis, and natural mutagenesis),knock-outs/knock-ins, antisense and RNA interference. For moreinformation about mutagenesis in plants, such as agents or protocols,see Acquaah et al. (Principles of plant genetics and breeding,Wiley-Blackwell, 2007, ISBN 1405136464, 9781405136464,) which is hereinincorporated by reference in its entirety. Other kinds of modificationspracticed in the Cannabis industry, including but not limited tofeminization of seeds and/or day-length neutrality/autoflowering arealso within the scope of the invention and are within the level of skillin the art to execute.

The present invention also relates to a mutagenized population of theCannabis plants of the present invention, and methods of using suchpopulations. In some embodiments, the mutagenized population can be usedin screening for new Cannabis lines which comprises one or more or allof the morphological, physiological, biological, and/or chemicalcharacteristics of Cannabis plants of the present invention.

In some embodiments, the new Cannabis plants obtained from the screeningprocess comprise one or more or all of the morphological, physiological,biological, and/or chemical characteristics of Cannabis plants of thepresent invention, and one or more additional or different newmorphological, physiological, biological, and/or chemicalcharacteristic.

The present invention also provides any compositions or any productsmade from or isolated from the plants of the present invention. In someembodiments, the compositions/products comprise an extract of theplants. In some embodiments, the extract can contain a higher percentageof terpenes/terpenoids compared to extract isolated from a controlCannabis plant variety (e.g., an existing variety, such as arecreational Cannabis plant variety). In some embodiments, the inventionrelates to a smokable or edible product comprising the Cannabis plant,or plant part, tissue, cell, extract, or isolate.

The present invention provides methods of using the Cannabis plants orany parts, any compositions, or any chemicals derived from said plantsof the present invention.

In some embodiments, the plants of the present invention can be used toproduce new plant varieties. In some embodiments, the plants are used todevelop new varieties or hybrids with desired phenotypes or genotypes.

In some embodiments, selection methods, e.g., molecular marker assistedselection, can be combined with breeding methods to accelerate theprocess. Additional breeding methods known to those of ordinary skill inthe art include, e.g., methods discussed in Chahal and Gosal (Principlesand procedures of plant breeding: biotechnological and conventionalapproaches, CRC Press, 2002, ISBN 084931321X, 9780849313219); Taji etal. (In vitro plant breeding, Routledge, 2002, ISBN 156022908X,9781560229087); Richards (Plant breeding systems, Taylor & Francis US,1997, ISBN 0412574500, 9780412574504); Hayes (Methods of Plant Breeding,Publisher: READ BOOKS, 2007, ISBN1406737062, 9781406737066); each ofwhich is incorporated by reference in its entirety. The Cannabis genomehas been sequenced (Bakel et al., The draft genome and transcriptome ofCannabis sativa, Genome Biology, 12(10):R102, 2011). Molecular makersfor Cannabis plants are described in Datwyler et al. (Genetic variationin hemp and marijuana (Cannabis sativa L.) according to amplifiedfragment length polymorphisms, J Forensic Sci. 2006 March;51(2):371-5.); Pinarkara et al., (RAPD analysis of seized marijuana(Cannabis sativa L.) in Turkey, Electronic Journal of Biotechnology,12(1), 2009), Hakki et al., (Inter simple sequence repeats separateefficiently hemp from marijuana (Cannabis sativa L.), Electronic Journalof Biotechnology, 10(4), 2007); Gilmore et al. (Isolation ofmicrosatellite markers in Cannabis sativa L. (marijuana), MolecularEcology Notes, 3(1): 105-107, March 2003); Pacifico et al., (Geneticsand marker assisted selection of chemotype in Cannabis sativa L.),Molecular Breeding (2006) 17:257-268); and Mendoza et al., (Geneticindividualization of Cannabis sativa by a short tandem repeat multiplexsystem, Anal Bioanal Chem (2009) 393:719-726); each of which is hereinincorporated by reference in its entirety.

In some embodiments, the Cannabis plant, or plant part, tissue, or cellof ‘ESB-1’ comprises a cannabinoid profile as set forth in Table 1 andterpene profile as set forth in Table 2. Due to the natural variabilityof chemotypic expression that is commonly observed in Cannabis plants,arising from numerous causes as discussed above, the values set forth inTable 1 and Table 2 do not reflect the only possible range of outcomesthat can be obtained from plants of the new variety. Thus, these valuesare merely exemplary of observed values (middle column) and predictednormal variations from the observed values. Variations outside theseranges are also within the scope of the invention.

TABLE 1 Exemplary Profiles of Key Cannabinoids. Cannabinoid PercentPercent Percent Percent Percent d9-THC 0.735 0.784 0.98 1.176 1.225 THCA6.915 7.376 9.22 11.064 11.525 THCV 0.5475 0.584 0.73 0.876 0.9125 THCVA5.1075 5.448 6.81 8.172 8.5125 THCV + THCVA 5.655 6.032 7.54 9.048 9.425CBGA 0.3675 0.392 0.49 0.588 0.6125 Total THC 6.8025 7.256 9.07 10.88411.3375 Total Cannabinoids 13.6725 14.584 18.23 21.876 22.7875 Total THC= Δ9THC + (THCa * 0.877) Total THCV = THCV + THCVA Total Cannabinoids =Total THC + Total CBD + Total CBG + Total THCV + Total CBC + TotalCBDV + Δ8THC + CBL + CBN

TABLE 2 Exemplary Profiles of Key Terpenes. Terpene Percent PercentPercent Percent Percent a-Pinene 0.285 0.304 0.38 0.456 0.475 b-Myrcene1.755 1.872 2.34 2.808 2.925 b-Pinene 0.15 0.16 0.2 0.24 0.25 d3-Carene0.0375 0.04 0.05 0.06 0.0625 a-Terpinene 0.0375 0.04 0.05 0.06 0.0625

In some embodiments, the invention relates to a Cannabis cloneregenerated from the Cannabis plant, plant part, tissue, cell, or seedof ‘ESB-1’ wherein the plant is a clonal descendent.

In some embodiments, the invention relates to a method of producing anF1 Cannabis seed, wherein the method includes crossing the plant with adifferent Cannabis plant and harvesting the resultant F1 Cannabis seed.In some embodiments, the invention relates to the F1 hybrid Cannabisseed produced by this method. In some embodiments, the invention relatesto a F1 hybrid Cannabis plant produced by growing the F1 hybrid Cannabisseed. In some embodiments, the invention relates to a Cannabis cloneregenerated from the F1 hybrid Cannabis plant. In some embodiments, theinvention relates to a smokable or edible product comprising Cannabistissue from the F1 hybrid Cannabis plant.

In some embodiments the invention relates to seed line from a clonallypropagated plant of the new variety. In some embodiments, the seed lineis that of the deposited seed recited herein. In other embodiments, theseed line is one that is separately established through interbreedingand selection of plants of the new variety, using pollen from reversedfemales of the new variety and/or from relatives/ancestors of the newvariety. In these embodiments, crosses and selections are conductedthrough successive generations to obtain a line of seed that stablyproduces progeny having physical and chemical properties within theranges recited herein for the new variety. In some embodiments, thisseed line is feminized seed, having been feminized using techniquesknown to those of skill in the art.

Note

Applicant is prepared to submit a seed and/or tissue deposit of thevariety herein described, prior to issuance or publication, as requiredby the law of the relevant jurisdiction, as needed to support claimsreciting such a deposit.

1. A seed from a Cannabis plant designated ‘ESB-1’ wherein arepresentative sample of seed of said plant has been deposited under______; wherein flower produced from Cannabis plant, or plant part,tissue, or cell thereof comprises a cannabinoid profile as set forth inTable 1 or a terpene profile as set forth in Table
 2. 2. A Cannabisplant, or plant part, tissue, or cell thereof produced by growing theseed of claim 1, or a descendant thereof; wherein flower produced fromCannabis plant, or plant part, tissue, or cell thereof comprises acannabinoid profile as set forth in Table 1 or a terpene profile as setforth in Table
 2. 3. The Cannabis plant, or plant part, tissue, or cellthereof of claim 1, wherein flower produced from the plant comprises acannabinoid profile as set forth in Table 1 or a terpene profile as setforth in Table
 2. 4. The Cannabis plant part of claim 1, wherein saidplant part is selected from the group consisting of: stems, trichomes,leaves, and flower buds.
 5. The Cannabis plant descended from the plant,or plant part, tissue, cell, or seed of claim 2, wherein the plant is aclonal descendent.
 6. A method of breeding a Cannabis plant, or plantpart, tissue, or cell thereof, wherein the plant, plant part, tissue, orcell is produced by growing a seed or clone from: a. a Cannabis plantdesignated ‘ESB-1’ wherein a representative sample of seed of said planthas been deposited under ______; or b. a descendant of the Cannabisplant designated ‘ESB-1’, wherein the plant comprises a cannabinoidprofile as set forth in Table 1 or a terpene profile as set forth inTable 2; and wherein the method comprises providing the plant as atleast one parent in a breeding program and selecting progeny displayinga cannabinoid profile as set forth in Table 1 or a terpene profile asset forth in Table 2.